Nitka v. Nelnet
| GORDON NITKA, an individual |
| NELNET, INC., a Nebraska corporation |
| 19-1281 |
| August 7, 2019 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| [10676490] Appellant brief filed by Gordon Nitka. Original and 4 copies made by the Clerk's office. Served on 09/06/2019 by email. Required 10th Cir. R. 28.2 Attachments Included? N. See 10th Cir. R. 28.2(B). Appellee's response brief due 10/07/2019 for Nelnet, Inc. [19-1281] [Entered: 09/06/2019 08:31 AM] |
| [10676487] Minute Order filed by Clerk of the Court - This matter is before the court on Appellant's "Notice to Proceed with Previously-Filed Opening Brief," which re-submits the opening brief submitted on 08/15/2019. The Clerk shall file the opening brief as of the date of this order. The response brief is due 30 days from the date of this order. Served on 09/06/2019. Text only entry - no attachment. [19-1281] [Entered: 09/06/2019 08:27 AM] |
| [10676470] Notice to Proceed with Previously-Filed Opening Brief filed by Gordon Nitka [ # 10675005-2 ]. Served on 09/02/2019. Manner of Service: US mail. [19-1281] [Entered: 09/06/2019 07:44 AM] |
| [10675212] Record on appeal filed. No. of Volumes: 2, Comments: Vol. 1 & 2-pleadings [19-1281] [Entered: 09/03/2019 08:41 AM] |
| [10675009] Jurisdictional review complete. Record on appeal 10th circuit due 09/20/2019. [19-1281] [Entered: 08/30/2019 01:51 PM] |
| [10675005] Order filed by Clerk of the Court lifting the abatement of this appeal. Appellant is not required to file a status report. If Appellant would like the court to file the opening brief submitted on 08/15/2019, then Appellant shall provide the court with written notice so stating within 10 days from the date of this order. Response due on 09/09/2019 for Gordon Nitka. Served on 08/30/2019. [19-1281] [Entered: 08/30/2019 01:50 PM] |
| [10674854] District Court order filed extending time to file a notice of appeal and accepting as timely plaintiff's notice of appeal (doc 66). [19-1281] [Entered: 08/30/2019 09:53 AM] |
[10672964] Order filed by Judges Tymkovich, Briscoe and Eid abating case. This matter is remanded to the district court to consider whether appellant should be granted an extension of time to appeal based on excusable neglect or good cause and whether the time for appeal to file a notice of appeal should be reopened. See order for additional details. Status report due 09/23/2019 by Gordon Nitka. Served on 08/23/2019. [19-1281] [Entered: 08/23/2019 07:55 AM]
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| [10671656] Reply filed by Nelnet, Inc. to Appellant's Response to Order to Show Cause. Served on 08/19/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-1281] MCA [Entered: 08/19/2019 11:23 AM] |
| [10671689] Entry of appearance filed by Matthew C. Arentsen and Mr. Richard Benenson for Nelnet, Inc. CERT. OF INTERESTED PARTIES: y. Served on 08/19/2019. Manner of Service: email. [19-1281] [Entered: 08/19/2019 12:03 PM] |
| [10671647] Entry of appearance submitted by Richard B. Benenson and Matthew C. Arentsen for Appellee Nelnet, Inc. for court review. Certificate of Interested Parties: Yes. Served on 08/19/2019. Manner of Service: email.--[Edited 08/19/2019 by LAB to remove PDF from entry as pleading was filed 8/19/2019.] [19-1281] MCA [Entered: 08/19/2019 11:15 AM] |
| [10670981] Appellant's request for electronic service of documents filed by Gordon Nitka. Served on 08/14/2019. Manner of Service: US mail. [19-1281] [Entered: 08/15/2019 12:25 PM] |
| [10670979] Appellant's motion filed by Gordon Nitka for leave to proceed in forma pauperis. Served on 08/14/2019. Manner of Service: US mail. [19-1281] [Entered: 08/15/2019 12:23 PM] |
| [10670976] Appellant's opening brief for his second appeal and application for a certificate of appealability received from Gordon Nitka but not filed. Served on 08/14/2019. Manner of Service: US mail. [19-1281] [Entered: 08/15/2019 12:21 PM] |
| [10670975] Transcript order form received from Gordon Nitka but not filed. Served on 08/14/2019. Manner of Service: US mail. [19-1281] [Entered: 08/15/2019 12:20 PM] |
| [10670973] Entry of appearance filed by Gordon Nitka. CERT. OF INTERESTED PARTIES: n. Served on 08/14/2019. Manner of Service: US mail. [19-1281] [Entered: 08/15/2019 12:18 PM] |
| [10670970] Docketing statement filed by Gordon Nitka. Served on 08/14/2019. Manner of Service: US mail. [19-1281] [Entered: 08/15/2019 12:16 PM] |
| [10670967] Response to show cause order filed by Gordon Nitka. Served on 08/14/2019. Manner of Service: US mail. --[Edited 08/15/2019 by SDS to attach envelope to entry] [19-1281] [Entered: 08/15/2019 12:15 PM] |
| [10669347] District court order denying leave to proceed in forma pauperis filed. [19-1281] [Entered: 08/08/2019 01:23 PM] |
| [10669056] Order filed by Clerk of the Court to show cause - This matter is before the court sua sponte upon the opening of this appeal. A review of the district court docket has revealed a potential defect in this court's appellate jurisdiction, Accordingly, on or before 08/21/2019, Appellant shall respond in writing why this appeal should not be dismissed for lack of jurisdiction due to the untimely filing of the notice of appeal. Served on 08/07/2019. [19-1281] [Entered: 08/07/2019 03:23 PM] |
| [10669004] Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/07/2019. Notice of appearance due on 08/21/2019 for Nelnet, Inc., and Notice of appearance due on 09/06/2019 for Gordon Nitka. [19-1281] [Entered: 08/07/2019 01:14 PM] |
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| Plaintiff / appellant: GORDON NITKA, an individual | |
| Represented By: | Gordon Nitka |
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| Defendant / appellee: NELNET, INC., a Nebraska corporation | |
| Represented By: | Richard Benenson |
| Represented By: | Matthew C. Arentsen |
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